Bernard Durkan (Kildare North, Fine Gael)
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504. To ask the Minister for Arts, Heritage and the Gaeltacht the extent to which she has received submissions from, or made overtures to, traditional turf cutters who found themselves disadvantaged by the habitats directive, to the extent that special areas of conservation or national heritage areas seriously impeded them in their traditional turf cutting; if any review or revision will be made to address any issues still outstanding, notwithstanding developments to date; and if she will make a statement on the matter. [16783/15]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Ireland, like all EU Member States, is bound by the requirements of the Habitats Directive and the Birds Directive. These Directives aim to ensure the protection of habitats and species which have been selected for conservation within special areas of conservation and special protection areas. The Directives have been transposed into national law under the European Communities (Birds and Natural Habitats) Regulations 2011 and the Wildlife Acts. In advance of the designation of a site, my Department writes to all identified land owners with a legal interest in the site, outlining the intention to designate the site, the appeals process and how to get further information. Public notices in relation to the proposed designation are also placed in local media.

Landowners may object to the proposed designation of a site as a special area of conservation or special protection area. Following the completion of a departmental review of an objection to the proposed designation, landowners may opt to take their cases to the Designated Areas Appeals Advisory Board, an independently chaired Board which makes recommendations to me, as Minister for Arts, Heritage and the Gaeltacht, on such cases. The appeals process includes an oral hearing.

Since this Government has come into office, huge efforts have been made to solve the issue of the protection of Ireland's raised bog special areas of conservation within the framework of the Habitats Directive. This has included intense engagement with turf cutting interests, farmers, non-governmental organisations and with the European Commission.

3,076 applications have been received under the cessation of turf cutting compensation scheme for raised bog special areas of conservation. Of these, 768 applicants have expressed an interest in relocation to non-designated bogs. In addition, around 1,500 submissions would have been received from stakeholders, including turf cutters, during the public consultation process on the draft National Peatlands Strategy and the draft National Raised Bog SAC Management Plan.

In the context of the finalisation of the National Raised Bog SAC Management Plan, my Department is considering the available options in terms of relocation to non-designated bogs and the provisions of the EU Habitats Directive. Under article 6.3 of the Directive consent could only be given to cut turf on a raised bog special area of conservation where it can be shown that such cutting will not have an adverse effect on the site. Under article 6.4 of the Directive consent could only be given to cut turf on a raised bog special area of conservation for imperative reasons of overriding public interest.

Given the clear scientific evidence of the negative impact of turf extraction on raised bogs, it will only be possible to utilise the provisions of article 6.3 in a small number of cases. Similarly, the flexibility provided for under article 6.4, if required, will only be applicable to a small number of sites.

Final resolution of all issues in relation to the protection of Ireland's raised bog special areas of conservation will only be brought about by everyone working together, within the law, with my Department and with the Peatlands Council, which was established with the purpose of ensuring the input from all stakeholders.

The Review of Raised Bog Natural Heritage Area Network, published in January 2014, provides detail on future arrangements regarding turf cutting on each of the 75 current raised bog natural heritage areas. TheReview has concluded that Ireland could more effectively achieve conservation of threatened raised bog habitat through focused protection and restoration of a reconfigured network. This will entail the phasing out of turf-cutting on certain natural heritage areas by 1 January 2017 and the partial or complete de-designation of certain natural heritage areas.